This section discusses the relationship of today's final
rules to certain other EPA regulatory programs. This
discussion is for informational purposes only.

A. CERCLA

Section 105 of the Comprehensive Environmental Response,
Compensation and Liability Act of 1980 (CERCLA, or
Superfund) requires development of a list of national
priorities among known sites with releases and threatened
releases of hazardous substances, pollutants, and
contaminants. The National Contingency Plan (40 CFR Part
300) regulates development of the National Priorities List
(of sites with releases) as well as appropriate responses to
the most serious releases. These regulations currently apply
to releases of CERCLA-designated hazardous substances from
underground storage tanks. CERCLA, however, does not apply
to releases of petroleum from USTs or other sources.

Releases of hazardous substances from UST systems may
require removal or remedial action responses by federal or
state agencies, in accordance with 40 CFR Part 300. Some UST
releases of hazardous substances are already included in the
National Priorities List. When today's final rules become
effective (within 90 days), owners and operators of UST
systems that release hazardous substances will be subject to
the corrective action provisions of the rules and, in
selected cases, the removal or remedial action measures of
40 CFR Part 300. It is the responsibility of the owner and
operator of a hazardous substance UST system that releases
hazardous substances to consult with the implementing agency
to determine the applicability of CERCLA requirements and
Subtitle I release response and corrective action
requirements under Subpart F.

Under sections 102 and 103 of CERCLA, EPA has promulgated
regulations (40 CFR Part 302) that identify hazardous
substances and quantities of releases of these hazardous
substances that must be reported to the National Response
Center. Those regulations contain reporting requirements for
releases equal to or in excess of the established reportable
quantities (RQs). Under CERCLA, owners and operators of all
kinds of storage, transportation, and disposal facilities
containing hazardous substances must report releases to the
National Response Center. Owners and operators of USTs with
releases of hazardous substances that exceed the RQs set
forth in 40 CFR Part 302 will continue to be subject to
those CERCLA reporting requirements.

Under today's rule, owners and operators that store
hazardous substances in USTs are also required to report
spill or overfill releases of these substances from USTs
that exceed the RQ to the implementing agency within 24
hours, or another period specified by the implementing
agency, and immediately begin containment and cleanup of the
release. Owners and operators with spills or overfills of
hazardous substances from USTs that are less than the
reportable quantity will not be subject to the release
reporting requirements although they will still be
responsible to immediately contain and clean them up.

B. Hazardous Waste Tank Program

Under RCRA Subtitle C, EPA promulgated regulations for
tank systems containing hazardous wastes (40 CFR Parts 264
and 265, July 14, 1986) including underground tanks. The
RCRA Subtitle I rules promulgated today apply to USTs
containing "regulated substances." These regulated
substances include petroleum and hazardous substances
defined in section 101(14) of CERCLA, except for hazardous
wastes regulated under Subtitle C. The exclusion of
hazardous wastes from the definition of regulated substance
avoids most of the overlapping jurisdiction of Subtitle I
and Subtitle C. An overlap in jurisdiction does exist,
however, for USTs containing petroleum wastes that are
subject to the provisions of RCRA 3014. This overlap is
discussed in the next section.

There is also a potential overlap in jurisdiction for
USTs containing mixtures of petroleum and hazardous wastes.
Today's final rules resolve this potential overlap by
excluding such USTs from the universe of USTs subject to
today's requirements. Unless otherwise exempted, such USTs
would be subject to the requirements of Subtitle C. It is
intended that today's rules regulate a different set of UST
systems from those subject to regulation under Subtitle C.

C. Hazardous Waste Management Regulations

Section 3001 of the Resource Conservation and Recovery
Act requires EPA to identify wastes that pose a hazard to
human health and the environment if improperly managed.
Under the regulatory program established by Subtitle C of
RCRA, EPA has developed a process that identifies and
publishes lists of hazardous wastes. Generators must
determine whether their waste is on one of the lists in 40
CFR Part 261, Subpart D. If a waste is not listed as a
hazardous waste, waste generators are required to determine
if their waste is hazardous either by testing it to
determine if it exhibits any "characteristics," based on
knowledge about the physical and chemical composition of the
waste. In the latter case, testing of the waste is not
necessary if it is believed that it would not exhibit a
hazardous waste characteristic. The waste generator,
however, remains responsible for making the correct
determinations concerning the characteristics of reactivity,
corrosivity, ignitability, and extraction procedure (EP)
toxicity, as specified in 40 CFR Part 261, Subpart C.

1. Hazardous Substances

Many hazardous substances regulated by the Subtitle I
tank rules are currently on EPA's hazardous waste lists of
commercial chemical products at 40 CFR Section 261.33(e) and
(f). The products become hazardous wastes when discarded,
including when spilled and then not cleaned up and used for
their intended purpose. Soils, water, or other debris
contaminated by these products are subject to regulation as
hazardous waste (see 40 CFR 261.33(d)). A person removing
such contaminated soil or debris during a cleanup is a
hazardous waste generator, subject to Section 261.5 or Part
262.

2. Petroleum and Petroleum-based Substances

Petroleum-contaminated soils are not an EPA-listed
hazardous waste. Based on its physical and chemical nature,
petroleum-contaminated soil would not exhibit the hazardous
characteristics of corrosivity or reactivity under 40 CFR
261. Some state UST programs have reported to the Agency
that they require the use of the EPA tests for ignitability
and EP toxicity to assist in making decisions about whether
to manage the petroleum-contaminated soils on- or off-site.
Other states have simply declared that the soils are not a
hazardous waste and, therefore, do not require testing or
management as a hazardous waste. Other states require
management of petroleum-contaminated soils as a "special
waste" that must receive special handling to control
environmental and human health risks believed to be
associated with the volatile organic chemical emissions
known to come from such soils.

Although some states require the use of the EPA tests,
petroleum-contaminated soils do not satisfy the EPA criteria
for an ignitable hazardous waste. A substance is classified
as a hazardous waste if it exhibits the characteristic of
ignitability according to one of the following four criteria
(40 CFR 261.21) as determined by using an ASTM or
Administrator-approved testing procedures. The substance
must be: (1) a liquid containing less than or equal to 24
percent alcohol having a flashpoint less than 140¯ F;
(2) a nonliquid, but capable under standard temperature and
pressure of causing fire through friction, absorption of
moisture, or spontaneous chemical changes which burns so
vigorously and persistently that it creates a hazard; (3) an
ignitable compressed gas, as defined in 49 CFR 173.300; or
(4) an oxidizer as defined in 40 CFR 173.151.
Gasoline-contaminated soils do not satisfy criteria (1),
(3), or (4). They do satisfy the nonliquid requirement of
criterion (2); however, the Agency has concluded that they
are very unlikely to ever be capable of causing fire by
friction, absorption of moisture, or spontaneous chemical
changes. These soils, therefore, should not be a hazardous
waste under Subtitle C of RCRA due to ignitability.

Several states contacted by EPA reported that they have
conducted thousands of EP toxicity tests on
petroleum-contaminated soils and they have never exhibited
the characteristic of EP toxicity at numerous sites
nationwide where soils were contaminated by both leaded and
unleaded gasolines. This result is expected because the
extraction procedure is designed to identify individual
wastes that are hazardous due to their potential to leach
significant concentrations of eight specific metals, four
insecticides, and two herbicides in a municipal landfill
scenario. When subjected to the EP toxicity test, the only
constituent of concern for soils contaminated by petroleum
is lead. The extremely high adsorption coefficient of lead,
however, indicates that such soils are unlikely to ever
exhibit the characteristic of EP toxicity.

In summary, the evidence collected by or reported to the
Agency to-date indicates it is very unlikely that
petroleum-contaminated soils will be found to exhibit any of
the characteristics of hazardous waste as currently defined
by EPA regulations. However, EPA is also aware that there
are potential threats that need to be considered in the
management of petroleum-contaminated soils. For example,
petroleum-contaminated soils (particularly motor fuels) can
contribute significant amounts of volatile compounds to the
air or be the source of dissolved contaminants (such as
benzene) in ground-water resources. Today's final
regulations leave the off-site management of these concerns
to existing state and local requirements. EPA believes there
are several ways to properly manage petroleum-contaminated
soils that are not hazardous wastes, including the following
approaches that are already being used in various states:

o Define it as a special waste that requires special
handling (such as land spreading, heat treating, or disposal
in designated fill areas) that is tailored to remove the
threats posed by the volatile constituents of the petroleum.

o Define petroleum-contaminated soils as a hazardous
waste that must be treated or disposed of under the
hazardous waste standards.

EPA intends to study this technical issue further and
provide more information to the public and the implementing
agencies concerning alternative ways to manage
petroleum-contaminated soils when they are managed on-site
or removed off-site. This information may include, for
example, a description of different test methods that could
be used to characterize petroleum-contaminated soils in a
more meaningful fashion than present methods. EPA is
currently investigating techniques to measure and assess the
condition of petroleum-contaminated soils, and handling and
treatment alternatives that can be used to properly manage
the potential risks they pose to human health and the
environment.

Finally, EPA notes that under proposed revisions to the
toxicity characteristic under the Agency's hazardous waste
regulations (40 CFR 261.24), benzene and a number of other
compounds would be added to those constituents that, when
measured in waste leachate, will determine whether a waste
exhibits a hazardous waste characteristic. (See 51 FR 21648;
June 13, 1986.) When these rule revisions are issued in
final form, a large amount of petroleum-contaminated soils
that are currently considered nonhazardous may have to be
managed as hazardous waste. For example, all
petroleum-saturated soils may be characterized as a
hazardous waste under the proposed revisions. EPA is unsure
of the impacts of this proposed rule change at this time,
and in fact recently requested additional public comments on
the levels for benzene and other constituents. (See 53 FR
18024; May 19, 1988.) However, the public comment period is
closed on this issue. The Agency will provide further
guidance on this issue at a later date.

D. Used Oil Regulations

Underground tanks storing used oil (e.g., automobile and
truck used crankcase oil) are under the jurisdiction of
Subtitle I. Pursuant to section 9001(2)(B) of RCRA,
underground tanks containing "petroleum, including crude oil
or any fraction thereof which is liquid at standard
conditions of temperature and pressure . . ." are within the
scope of Subtitle I. Since used oil is primarily composed of
petroleum, although it may contain contaminants due to use
of the oil, it is subject to Subtitle I requirements. Owners
and operators of UST systems containing used oil were
required to notify designated state agencies of the presence
of such tanks by May 8, 1986. Owners and operators of newly
installed used oil UST systems have also been subject to the
requirements of the Interim Prohibition, which has been in
effect since May 8, 1985.

As discussed above, however, today's regulations exclude
any tanks regulated under Subtitle C of RCRA. Under Subtitle
C, EPA has the authority to regulate recycled oil, and to
regulate used oil that is disposed of under Subtitle C if
such oil is identified or listed as a hazardous waste. Under
the authority of Subtitle C of RCRA, EPA proposed to list
used oil as hazardous waste (50 FR 49269-49270, November 29,
1985) and has proposed standards for recycled oil (50 FR
49250-49258, November 29, 1985). Since those publications in
the FEDERAL REGISTER, several important decisions in terms
of these proposed rulemakings have been made, namely:

(1) Storage of used oil (even when recycled)
will be regulated, and

(2) Recycled oil will not be listed as a hazardous waste
(51 FR 41900, November 19, 1986).

The storage of used oil, however, is not currently
regulated as a hazardous waste under Subtitle C. Unless and
until the Agency regulates the storage of used oil as a
hazardous waste under Subtitle C, it will be subject to
Subtitle I. Accordingly, the Agency is today including
application of the technical requirements to used oil UST
systems. This is discussed in further detail in section
IV.A.

E. SPCC

Under section 311 of the Federal Water Pollution Control
Act, EPA has promulgated regulations for the prevention of
oil spills into navigable waters. These rules (40 CFR Part
112) known as the Spill Prevention Control and
Countermeasure (SPCC) regulations are intended to prevent
and contain releases of oil into surface waters which are
navigable.

Comparatively few UST systems are subject to SPCC
regulations. Only those tanks of greater than 42,000 gallons
capacity that are located near navigable waters of the U.S.
or adjoining shorelines may be affected. UST systems which,
due to their location, could reasonably be expected to
discharge oil into or upon navigable waters of the United
States or adjoining shorelines and which have a storage
capacity greater than 42,000 gallons are subject to both
today's rules and the SPCC rules.

F. DOE High-Level Radioactive Waste Program

Under the Atomic Energy Act of 1954 (42 U.S.C. 2001 et
seq.), the U.S. Department of Energy (DOE) has promulgated
rules for the management of high-level radioactive waste
resulting from atomic energy defense activity. DOE Orders
5480.1, 5480.2, and 5820.2 regulate the underground storage
of these wastes, including corrective actions in the event
of a release.

The UST rules include the storage of radioactive waste
because any radionuclide is a "hazardous substance" under
CERCLA and thus a regulated substance under Subtitle I.
However, in view of the differences in high-level
radioactive waste from other RCRA Subtitle I regulated
substances and the much larger tanks storing this waste, EPA
is today deferring regulatory action on these DOE
radioactive waste facilities. Until a determination is made
as to whether, and how, the UST rules should apply to DOE
facilities storing high-level radioactive wastes, today's
UST requirements, except corrective action and the Interim
Prohibition requirements, do not apply to these facilities.
More details are provided on this in
section IV.A.